King County Clerk’s Office Guide
By Judge Jim Doerty
Introduction
The Clerk’s Office, also known as the Department of Judicial Administration, is concerned with the receiving, processing and preserving of every document involved in a legal transaction filed with the Superior Court. As a consequence, there is a constant flow of closely interrelated activity involving people, paper and files through this office. An understanding of the internal function of this department is essential to the practicing attorney.
Clerk’s Office Responsibility for Documents
The Clerk’s Office assumes responsibility for the correct processing and custody of a document at the moment when the office’s stamp is affixed to it. Documents cannot be returned to the filing party once they have been accepted for filing with the Clerk. This responsibility continues so long as that document is required to be part of the Court file.
Prefiling Procedure
A document to be filed should be checked for technical accuracy. Check the case number and case caption. Papers submitted with the wrong case number or caption will not be processed. Submit-ting parties will be notified by phone or the paper will be sent back to them.
If notarization is required, it must be accomplished prior to filing, as notary service is not available in the Clerk’s Office.
Each process or transaction desired requires a separate document. Papers that are stapled together are assumed to be one document and treated accordingly.
It is essential that the caption on the document be complete. It should clearly define the nature of the transaction so that the processing staff of the Clerk’s Office do not have to interpret.
A case filing cover sheet is required for all new case filings and is available at the cashier counter.
The name, address, and Bar number of the submitting attorney should be clearly printed on the first page of each pleading or other paper. Every pleading, motion and legal memorandum submitted by an attorney shall be signed and dated by the attorney and his/her WSBA number shall be stated.
Include the notation, “Clerk’s Action Required” in the caption on orders requiring specific action by the Clerk.
An extra handling fee is assessed for any document that can not be processed due to faulty or missing information. The document will be returned with an invoice.
New Case Filing Procedure
Follow these procedures for all new case filings at the cashiers’ windows.
- Submit new filing (e.g., complaint) along with the filing fee. An Index Cover Sheet will be given to you to complete. You will also be asked to complete a case assignment area form. On this form you must tell the court whether your case fits the Seattle or Kent assignment areas, pursuant to King County Local Rule 82.
- The new case filing document will be file stamped with that day’s date. Personal checks, trust checks or
firm checks are acceptable from Washington State Bar members. Personal checks from clients are acceptable, provided that the check is drawn on a Washington State
bank. Two party checks and checks not payable exclusively to the King County Clerk, are not acceptable.
- The cashier will assign a case number to the document. This number will indicate the case type and case assignment area.
- The cashier will issue a receipt for the fee paid to the individual presenting the case and, for most case types, the cashier will also issue a case schedule.
Practice Tip: Case captions should be checked prior to filing for accuracy and completeness, as the case is indexed by reference to the caption, as provided by the plaintiff. The caption can be changed only by Court order. If action by the Clerk’s office is required, the caption should also include “Clerk’s Action Required” language.
Document Retrieval and Review
Once a document has been accepted for filing, it becomes the property of the Court and can only be retrieved by Court order.
Once accepted, a document cannot be viewed or copied until it has been processed by the Clerk’s Office. This requires up to five Court days. The
Clerk’s Office scans all documents received and access to these files are electronic via the Electronic Court Records (ECR) program. For cases filed prior to 2000, the formal check out procedures of the records section must be observed.
Customer Service and Information
Customer service windows provide information to the general public. Certified and exemplified copies, Form K’s, Probate/Guardianship letters and certified copies are prepared and provided to customers over the counter or through the mail. Original probate and guardianship letters are prepared at the Cashier window. Fees must be paid in advance. Noncontested civil orders allowing for Court Commissioner signature may be mailed to the King County Clerk’s office for processing. Fee information is available by calling (206) 296-9300, Customer Service Section.
Copy and Form Center
In the file viewing area, copy services and some legal forms are available for a fee. Certified copies can also be made here. Copies of videotapes of court proceedings can be obtained here.
Entry Points for Documents
All documents come to the attention of the Clerk’s Office through five main entry points, described below.
- Document Drop Box: Please place all non-fee original and subsequent documents filings, whether they are civil, criminal or domestic matters in this drop box. Subsequent filings may include
such documents as affidavits, motions, TROs, etc.
- Information Window: In the downtown Clerk’s Office, non-fee papers may also be filed at the Information Window near the entrance of the Clerk’s Office. No cashiering functions are performed at this window. Obtain certified copies of orders, etc., before you file.
- Cashier Windows: Cashier Windows are the entry point for all new case filings and fee-based filings as well as payments into the Registry of the Court of fee, fine and trust monies. Personal checks from parties are accepted for fee payments. Fines and trust payments must be paid by either attorney’s check or a guaranteed form of payment. A Trust Account Service fee is imposed for trust payment of $25.01 or more.
Practice Tip: Investment of trust funds in excess of $2,000.00 require a court order. (RCW 36.48.090) The Clerk retains five percent of the earned interest when funds are withdrawn.
Original Probate and Guardianship Letters are issued and Form K’s (title transfer) are completed at the Over-the-Counter Services window. Certified copies can be produced. Cashiers can issue writs, civil bench warrants, and civil subpoenas. Cashiers can also issue release from detention certificates if bail conditions are met on criminal defendants.
- By Mail: Documents may also be sent to the Clerk’s Office through the mail. If a new case is mailed, include the fee, original documents, a case index cover sheet, a case assignment area form, copies to be conformed and a self-addressed envelope with sufficient postage for return of conformed copies. Conformed copies without a SASE will not be returned.
- During Hearing or Trial: During the course of a hearing or trial, the parties may file documents with the clerk in the courtroom.
Working Papers (Courtesy Copies)
Working papers or courtesy copies of briefs, proposed orders, etc., which a judge will review prior to considering a civil motion or summary judgment should be marked “working papers” and must display the date of the hearing and name of the judge or calendar prominently in the upper right hand corner.
These papers must be delivered to the Judge’s mailroom at the courthouse where the judge is located unless the individual judge has identified an alternative delivery process. Some judges have individual web pages on the court’s internet site. Working papers for Family Law should be delivered to the intake counter for that department on the second floor in the Seattle Courthouse and the first floor at the Regional Justice Center.
PRACTICE TIP: Working papers that have not been delivered on time to the right department will not be available at the time of hearing for the judge or commissioner which may mean a delay or rescheduling of the hearing. It is safest to have all working papers in an envelope; they often become separated when clipped together.
Judgment Windows
Judgments should be filed at the Document Drop box near the entrance to the Clerk’s Office. The document will be file stamped with that day’s date and forwarded to the Judgment Section for processing, which takes about one to two days. Processing consists of assigning a judgment number, indexing the debtor-creditor names, and establishing an execution docket that is entered into SCOMIS (Superior Court Management Information System), the computerized Court’s information system.
Disbursement of funds in the satisfaction of a judgment or garnishment is processed by the judgment staff pursu-ant to an order to disburse. This order may be included in the judgment or filed separately. The clerk will issue the check; processing takes two to three days.
Garnishment and Execution
Garnishment papers should be presented at Cashier’s Windows, along with the required fee. The affidavit will be stamped and the writ signed by the cashier, who will then return the document to the customer. Sheriff’s service of the writ may be obtained by taking the document to the Sheriff’s office. The Sheriff’s service fee will be specified upon the Sheriff’s return of the writ. The return of the garnishee defendant’s answer goes to the document drop box to be filed.
The Clerk’s Office will not notify parties regarding receipt of the Defendant’s answer. Please check the appropriate docket for this information, by calling customer service at (206) 296-9300. When calling to check the docket, be ready to provide the cause number.
Writs of Execution and Orders of Sale on Foreclosure are issued at the judgment window. An affidavit of delinquent search for personal property is required if the Writ is directed at real property. The Clerk’s fee to issue is $20.00.
Once the Writ or Order is signed by the clerk, it must be delivered by the requesting party to the Sheriff for processing. The Sheriff’s Return on Execution or Order of Sale is filed by the Sheriff at the Judgment Window. This Sheriff’s Return is entered on both the Appearance Docket and the Execution Docket. If funds recovered pursuant to sale are deposited by the Sheriff in the court registry, they will be disbursed per court order in accordance with Clerk’s procedures.
Attorneys may check the progress of execution by calling the Sheriff’s Office Civil Section at (206) 296-3800. Procedu-ral questions will be answered at the Judgment Window or by calling (206) 296-7858.
Pursuant to RCW 6.21.110, Judg-ment staff will mail notice of return of sheriff’s sale on real property and notice of confirmation hearing to all parties appearing in the action not in default. The requesting party must contact the staff of the Judge assigned to the case to set a hearing date to present an order confirming the sale.
At any time after 20 days has elapsed from the mailing of such notice, the judgment creditor or successful purchaser is entitled to have an order confirming the sale, unless the judgment debtor shall file with the clerk (within 20 days after the mailing of the notice of the filing of such return) his or her objections. Upon the filing of an order confirming sale, the clerk will release the certificate of purchase.
Disbursement Section
The Disbursement Section is responsible for all trust funds receipted and disbursed through the clerk’s registry. Individual trust account records are maintained and certified copies of these accounts may be obtained through this section for a fee.
No accounting data will be released over the telephone; accounting inquiries may be made in person (no fee) or by written request with a service fee addressed to: King County Superior Court Clerk Disbursements Section, 516 Third Avenue, E609, Seattle, WA 98104. Please include name of payer and King County Cause Number.
Case Docket
The case docket is a quick reference index to case activity. An examination of the docket will reveal information more rapidly than a look at the case file. All transactions concerning a case are noted on the docket within five days of the occurrence.
Attorneys are encouraged to check the docket in the public access area of the Clerk’s Office or by calling (206) 296-9300, to verify filings or note case activity. Copies of the docket can be purchased at the certified copy fee as outlined in the clerk’s fee schedule.
The following information can be obtained from the case docket:
- names of plaintiff and defendant, as well as names of other parties who are a part of the case;
- names of the attorneys of record,
- all courtroom activity concerning the case as noted by the court clerk’s minutes;
- headings of all documents received through the Clerk’s Office;
- all calendar activity of the case;
- disbursements of funds; and
- name of the court reporters.
Case History Docket Location
Location of the docket for a particular case depends on when the case was filed. Cases filed after July 2, 1979, are docketed through the computer information system SCOMIS. Cases filed prior to July 2, 1979 are termed Pre-SCOMIS cases.
The case number indicates whether or not the case has been docketed through SCOMIS. Pre-SCOMIS case numbers are a continuous sequence of numbers, for example, 1234567. SCOMIS cases all begin with the number 79, 80, 81, etc. (indicating the year of case filing), followed by a dash and then another number showing the case type, then another dash and a series of numbers designating the particular case.
All documents filed since January 18, 1983, are docketed in SCOMIS. Previous docket entries are available for reference only. Those dockets are stored in two locations.
Some docket records for cases filed prior to July 1979 are warehoused outside the courthouse. Retrieval of dockets stored at the warehouse can be done by telephoning File Will Call at (206) 296-7859, or by requesting from the Records Counter.
Usually, a copy of the docket will be accepted as evidence of filing or of other transactions by the assigned judge. Should a document appear on the docket but not in the court file, contact the records section supervisor who can authorize a critical search.
Case Schedules and Case Tracking
The Clerk’s Office issues a case scheduling order upon the filing of most new cases. These schedules govern the flow of the case through the Court. Plaintiffs are responsible for serving this schedule on defendants and insuring proper compliance with the case scheduling order.
Records Section: Storage and Security of Court Files and Depositions
The Records Section is located within the Clerk’s Office and houses files on all cases that have been filed in King County. Some files are stored as microfilm, others are still in hardcopy, and some are stored as electronic images.
All files must be returned by the end of the same day they are checked out. Files may be ordered 24 hours in advance by calling File Will Call at (206) 296-7859 for Seattle files or (206) 205-8411 for
Kent files, between 8:30 a.m. and 4:30 p.m. Files in remote storage will be retrieved only on Wednesdays and Fri-days, therefore they must be requested by 4:30 p.m. the preceding day.
Files may be checked out over the counter. This takes an average of ten minutes. Almost all case files, regardless of classification or filing date, are kept in the file section in either hard copy, micro-film form or electronic image.
A court order is required to remove a court file from the Clerk’s Office. The order must contain the following information before it will be honored by the Clerk’s Office: 1) the exact name, address and telephone number of the person authorized to have custody; 2) date of return to the file section; 3) cause number and caption of case; and 4) signature of court commissioner or judge.
Discovery materials/depositions can only be filed with the court by order or in support of a motion during a hearing or trial.
This article is condensed from Chapter Four of the Washington Lawyers Practice Manual. Judge Jim Doerty was the chief author of the chapter. Richard L. Furman Jr., was the content editor and Theodore Angelis and Susan Johnson also edited the Manual. The eight volume Manual is published by the King County Bar Association. Neither the King County Bar Association nor the editors, authors or contributors make either express or implied warranties in regard to the use of the materials and/or forms.